Articles Posted in Marijuana Crimes in Jacksonville

University of Florida defensive tackle, Leon Orr, was in a diversion program for possession of marijuana and possession of paraphernalia charges in Gainesville. According to an article on ESPN.com, while in this program, he received a ticket for Florida Driving on a Suspended License, which is considered a misdemeanor crime. While in this diversion program, Orr was to pay a fine and perform community service hours. After receiving this Florida driving citation, Orr was kicked out of the program and is now facing all crimes in court. His next court date is June 21, 2012.

A Diversion Program in Jacksonville is a device used by the state attorney’s office to divert cases from the criminal justice system. Once someone completes the program, their Duval County criminal charges will be dropped. There are several forms of this program and it typically reserved for first-time offenders. For Jacksonville Juvenile Crimes, the diversion program is called the Youth Offender Program. (also referred to as YOP) If you are arrested in Jacksonville as an adult, there are several diversion options available. The most common Duval County diversion program is called the Pretrial Intervention Program. (also referred to as PTI) If your Jacksonville Criminal Defense Attorney is able to get you into PTI, there are certain conditions that must be met. Some conditions of the pretrial diversion program are completion of community service hours, payment of restitution owed and completion of classes. Another diversion program in Jacksonville is called “Drug Court”. The City of Jacksonville implemented this court to address people who have been arrested in Jacksonville for crimes they likely would not have committed if they had not been on drugs. Drug court takes from one year to 18 months to complete and includes intensive outpatient drug treatment, random testing for drugs and many court appearances.

If you have been arrested in Duval, Clay or Nassau Counties, you should talk to an experienced Northeast Florida Criminal Defense Attorney. If you are a first-time offender, you may be eligible for a diversion program. Call The Mussallem Law Firm at (904) 365-5200 to speak to our Jacksonville Criminal Attorney, Victoria “Tori” Musallem. Our Duval Attorney is available to discuss your case 24 hours a day, 7 days a week

As a Jacksonville Marijuana Attorney, I have represented hundreds, if not thousands, of people charged with pot possession in Duval County. As views are changing about this minor drug, laws are still on the books outlawing possession of marijuana, cocaine, etc. The state of New York may soon join several other states in stopping police from arresting people for marijuana possession under a certain amount. According to an article in the NY Times, the mayor of New York, Michael Bloomberg, is supporting a proposed law that will make possession of less than 25 grams of pot a civil violation, not a misdemeanor. Practically, this means that NY police will no longer arrest people for having less than this amount of marijuana. In addition to having the mayor’s endorsement, the city’s state attorneys also back the change to the law.

If you are caught possessing marijuana in Duval, Clay or Nassau Counties, you will be arrested in some form. If you have no prior arrest or criminal history and the amount you possess is less than 20 grams, the police can issue you a “Notice to Appear”. This is a document that acts as an arrest without you physically being taken downtown to the police station. You or your Jacksonville drug attorney will have to make a court date and fight this drug arrest. The police also have the discretion to arrest you, even if you possess a very small amount of pot. Often times, Jacksonville possession of pot charges are accompanied by a possession of drug paraphernalia charge.

When you possess marijuana in Florida, the crimes you can be arrested for vary based on several factors. You can be charged with misdemeanor possession of less than 20 grams of pot. This is a first degree misdemeanor and the maximum punishment is one year in jail. If you possess over 20 grams, the Jacksonville drug crime becomes a third degree felony. If you attempt or actually sell pot in Duval, Clay or Nassau Counties, this drug crime is also a third degree felony. Believe it or not, you can also possess a “trafficking” amount of pot in Florida. If you are caught with over 25 pounds of marijuana or 300 or more plants, the crime becomes a first degree felony in Florida. If the amount you possess is more than 25 pounds, but under 2,000 pounds, there is a three year minimum mandatory sentence, which means if convicted, a defendant will serve three years day for day. If the amount of pot possessed is between 2,000 and 10,000 pounds, there is a seven year minimum prison term that has to be imposed. if the amount of marijuana exceeds 10,000 pounds, there is a fifteen year minimum sentence that must be imposed.

Twenty one people — including seven from Jacksonville — were recently indicted in Georgia for allegedly conspiring to distribute cocaine, marijuana and ecstasy throughout Jacksonville and into southeastern Georgia during the last four years, The Florida Times-Union reports.

Drug charges in Jacksonville, have become increasingly commonplace. Even a minor amount of marijuana can get a person charged with a misdemeanor and these are the types of cases that clog our criminal justice system.But even a misdemeanor should be taken seriously and can result in jail time and problems on a person’s criminal record. That’s why hiring a Jacksonville Criminal Defense Attorney to fight marijuana drug charges is important. Don’t allow the state to unfairly punish you if they can’t prove the charges. Fight for your rights.

In this case, the U.S. Drug Enforcement Administration, along with local law enforcement agents investigated the case for more than two and a half years, the newspaper reports. One man recently pleaded guilty in a federal courthouse, bringing the total number of those who have entered into deals with the government to 10. Another 11 people face charges under the indictment.

According to the newspaper report, agents tapped three phones of one of the defendants and listened as he allegedly set up drug buys and told of his intention to sell drugs to distributors in Jacksonville. In exchange for the most recent defendant’s guilty plea, drug and gun charges were dropped. As part of his agreement, he must cooperate with federal prosecutors.

The problem with plea agreements for state or federal prosecutors is that these witnesses are automatically less-than-credible witnesses. They were once considered the enemy to the prosecutor, but now, all of a sudden, they’re on the side of the law. It doesn’t really make sense.

These people were once considered criminals, who would lie their way out of a paper bag if they could. But, after signing their name to a few pieces of paper and agreeing to tell the truth and testify against their co-defendants, they are now star witnesses for the prosecution.

A diligent Jacksonville Criminal Defense Lawyer will use years of experience to see through this trick and show a judge or jury the true score. A person can sign a piece of paper and tell someone they’re going to tell the truth, but there are no guarantees here. A co-defendant who flips and turns state’s evidence actually has more incentive to lie because they will say whatever it takes in order to get a reduced prison sentence. Whatever makes the deal stand up, they are willing to do.

A jury must see the truth and it is the job of a client’s criminal defense attorney in Jacksonville and throughout northeast Florida to see to it that they do. Hard-line questioning, filing motions to reduce evidence and preparing witnesses for a defense plan are all part of the job.
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A Jacksonville man was arrested for trying to bring a gun into the Duval County Courthouse. According to an article on news4jax.com, Timmy Hagans Jr. was caught with a gun and pot while trying to get through the metal detectors at the Jacksonville courthouse. Authorities say Hagans set off the metal detector and security found a Derringer .22-caliber pistol in Hagans’ book bag. Hagans did not have a Florida Concealed Weapons Permit and was arrested for felony carrying a concealed firearm in Jacksonville. This Florida crime is a third degree felony punishable by up to five years in prison. Once authorities found the gun, they searched the rest of Hagans’ belongings and found three small baggies of marijuana. In addition to being arrested for the felony weapon charge in Jacksonville, Hagans was also arrested for the possession of less than 20 grams of marijuana charge in Jacksonville. The pot charge in Jacksonville is a misdemeanor in Florida punishable by up to one year in jail.

Carrying a Concealed Firearm is a felony in Florida and the law can be found at 790.01, Florida Statutes. To be convicted of this gun crime in Jacksonville and all of Florida, the gun has to be concealed. In order to be considered “concealed”, the firearm must be carried on or near your body in such a was as to conceal it from the ordinary sight of others. A firearm is defined under Florida law as any weapon that can, is designed to, or can be quickly converted to expel a projectile by the action of an explosive. In addition to concealing the firearm, the gun has to be “readily accessible for immediate use”. This means that it is carried on your person or is so close to you that you can retrieve it and use it as easily as you could if it was actually on your person.

It is important to discuss your rights with an Experienced Northeast Florida Gun Crimes Attorney if you are facing a gun charge in Duval County, Clay County, or Nassau County. The state attorney’s office, the office that is in charge of prosecuting crimes in Northeast Florida, takes all weapon charges very seriously. Many gun crimes in Florida carry minimum mandatory sentences and that is why it is so critical to get consider all of your options.

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